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E-FILED 2014 OCT 05 2:52 AM SAC - CLERK OF DISTRICT COURT

DISTRICT CGu,-, i r iOWA


SAC COUNTY
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

?ILZ0

MAGISTRATE DIVISION

20|iinCT-6 AH 8.-27

STATE OF IOWA,

Plaintiff

MAGISTRATE NO.
:

vs.

INITIAL APPEARANCE
OWI
Defendant
On this
day of
the Defendant herein appears before the
undersigned IVJagistrate in and for Sac County, having been charged with the crime of Operating While
Intoxicated - ^ V \ y ^ offense, being a violation of Section
lJ*. ^ of the Code oflowa.
The Court advises the Defendant as follows:
1.

That he/she has the right to remain silent. That any statement made by the Defendant can and
would be used against him/her in a Court of law. That he/she has the right to have an attorney
present at all stages of the proceeding and, if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.

2. That he/she ,is charged with a violation of Section


Felony - Class [ )
Aggravated Misdemeanor
Serious Misdemeanor

\ cX which is classified as:

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
a)
^
Om^Year County Jail - Minimum
days
c)
d)

And/Or a fine of not less than $ 3j&S


or more than $ ^ 3 1 ^ 3^ X
You will lose your license for a minimum of _JQ_ days and cannot obtain
a work permit for j f i
-days, ^ j j ^ j ^ j ^
^f-fyuj*
^

4.

That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with
this Court.

5.

(a)
ry You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be
guilty of.a Class D felony/serious misdemeanor; or
(b)
^
(If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the
Court imposes the following conditions on your release:
(1) You must not use alcohol or drugs during the pendency of this matter.
(2) You must not drive while your license is under suspension.
(3) You must obey the laws of the State of Iowa and the United States.
(4) You are ordered to complete a substance abuse evaluation immediately at New
Opportunities (Sac Citv - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 7325136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within
30 days to the Sac County Clerk of Court at P.O. Box 368. Sac Citv. IA 50583. YOU
ARE NOTIFIED THAT THIS IS MANDATORY. AND YOUR FAILURE TO
C O M P L Y WILL RESULT IN ISSUANCE OF A N ARREST WARRANT AND
REVOCATION OF YOUR PRETRIAL RELEASE.

"f & f i f

V
6.
Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a
preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information
may be filed by the County Attorney of this county.
7.

The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
-jy

Set for the

day of C S C - A ^ J l j O

, 2 0 J j at

A . M . in the

Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791

before attending this hearing to determine whether or not it will be held.


8.
IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS
F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS F R O M THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS
If you require the
auxiliary aids
to participateAND
in court
because of a disability,
CONVENIENCE
TOassistance
PICK UP of
DEFENDANT
TOorBEservices
PHOTOGRAPHED
FINGERPRINTED.
immediately call your district ADA coordinator at (641) 421-0990. (If yo/u are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942.)

Judicial Magistrate
Copies to:
County Attorney
Defendant
Sac County Sheriff

DISTRICT CUutfi
mip
SAC COUNTY
FILED
Sac

IN THE IOWA DISTRICT COURT FOR

COUNiTiY,

' ^ O C T - 9 AH 10: l i

Criminal

STATE OF IOWA or
Plaintiff/Petitioner,

Civil

No.

vs.

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL

Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name:

OofM/?

/"/ff/?f f

Home Phone:

fr

Cell Phone: T l Z

Street Address: I ? I 2

Lost/yc.

Do you have ajob?

No Job

Who do you work for?

T" -

5>_

StC
Apt #

CT' j~y

H Ol

City

5~0!T7

State

Zip

In Jail? Yes IgJJe

fS^YesTpart Time (List Hours/week:


Pt

f f /

Ar

^ / J -

Yes, Full Time

LWc. fCt.vj

// /

7 9 0 ? E-mail:

Street/P.O. Box
Pending charges:

Birth Date:

^2

&7

How much money do you currently make before taxes or deductions?

^ 72-^per

hour month

Q^year^

How much money have you made in the last 12 months from any source, before taxes or deductions? I f , ^ f j
How many family members are supported by or live with you?

If a spouse lives with you, how much money does your spouse make?

per hour month year

List all other money you, or anyone else living in your household, has coming in:

//L^ty I f d

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
/ZftQ "7
ClltLriSy'
f-f f f ]c

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

Rc t

7fo * 0 0 f

tv* o

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements^make in this application are true
and that I am unable to pay for an attorney to represent me.
Date

Signature
Rev. 1/6/12

E-FILED 2014 OCT 10 12:54 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
DENNIS RAY HANSEN ,

02811 OWCR012663
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

DEFENDANT.

The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Charles Schulte, a contract attorney, is appointed.

1 of 2

E-FILED 2014 OCT 10 12:54 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
ORDER APPOINTING
So Ordered

Electronically signed on 2014-10-10 12:54:22

2 of 2

E-FILED 2014 OCT 30 10:54 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
CRIMINAL CAUSE NO. OWCR012663
Plaintiff,
vs.
TRIAL INFORMATION
DENNIS RAY HANSEN,
DOB: 11/13/1949
Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and
in the name and by the authority of the State of Iowa, accuses Defendant, Dennis Ray Hansen
of the crime of OPERATING WHILE INTOXICATED, THIRD OR SUBSEQUENT OFFENSE, a
Class D Felony in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Dennis Ray Hansen, on or about October 4, 2014 in the County
of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of
the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. while having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. while any amount of a controlled substance is present in the person as measured in the
person's blood or urine.
And Defendant having been convicted of/received a deferred judgment for such an offense two
or more times before; the said Dennis Ray Hansen having been convicted of the crime of
Operating While Intoxicated in Calhoun County Iowa, Calhoun County District Court, Cause No.
OWCR504023 on September 8, 2009; and the said Dennis Ray Hansen having been convicted
of the crime of Operating While Intoxicated in Sac County Iowa, in Sac County District Court,
Cause No. OWCR012090 on September 6, 2012.
A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith


Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

E-FILED 2014 OCT 30 10:54 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. DENNIS RAY HANSEN


Criminal No. OWCR012663
COUNT I: Operating While Intoxicated, Third or Subsequent Offense

NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMIINALISTICS LABORATORY
DONNA GEERY, CLERK OF COURT, CALHOUN COUNTY IOWA DISTRICT COURT
AND CLERK OF COURT, SAC COUNTY IOWA DISTRICT COURT

E-FILED 2014 OCT 30 10:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
OWCR012663

Case Title
STATE VS DENNIS RAY HANSEN

On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered

Electronically signed on 2014-10-30 10:54:38

page 3 of 3

E-FILED 2014 OCT 30 10:54 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012663


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

DENNIS RAY HANSEN ,

Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.
IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment is
scheduled on 11/05/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:


County Attorney
Defendant/Defense Attorney

E-FILED 2014 OCT 30 10:54 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012663

Case Title
STATE VS DENNIS RAY HANSEN
So Ordered

Electronically signed on 2014-10-30 10:54:39

page 2 of 2

E-FILED 2014 NOV 06 9:09 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISIIJCTCOT]RTFOR SAC COUNTY


STATEOT'IOWA.
Vs.
DENNISRAY IIANSEN.

I 2663
CRIMINAI,NO. OWCRO
WRITTENARRAIGNMENT,
PLEAOFNOT GIJILTY

Def'endant
Datc l rial Informationliled: 10/30/2014
criminalcaseand underoathstates:
COMIIS NOW the Defendantin the above-captioned
by Attornel'CharlesA. Schulte.whoseaddressand phonenumbcrare
l. I am represented
421 Main St.,PO Box 392.SacCity'.IA. 50583;(712)662-4715.
2. My currentmailing and residenccaddressand phonenumbcrare 13l2 LosureSt.,Sac
My dateof birth is 11-13-1949 I
City.IA 50583.My phonenumberis: 7 12-661-9909
thc Englishlanguageand havccompletedthe fbliou'inglevcl of
canreadand ur.rderstand
educatiolt:l2 Years.
that I havc a right to amaignment
4. I havebeenadvisedby my attorneyand understand
in openClourl.and I voluntarilywaivethat right, choosinginsteadto sign this Written
that timeslbr lurtherproceedings
and Pleaof Not Guilt.v.I understand
Arraignr.ncnt
u,hich are con-tputedlrom the date of arraignmcntwill be computedfrom the dateof
filing this Written Arraignmentand Plcaof Not Guilty.
5. I havereceiveda copy of the Trial Infbrmationrvhichchargesme with the crimeof
COUNT I: OPERATING WHII,E INTOXICATED ' THIRD OFFENSE' iN
violation of lowa Code Section321,f.2.
6. With regardto thc nameby which I am chargedin the Trial Information(eithercheck
"a" or checkar.rdcompletc"b"):
./
ftl{a. tne l)ameon the Trial Informationis my true name. I havebeenadvised
that I am now precludcdfrom objeclingto the Trial Infbrmationuponthe
and understantl
groundthat I am improperlynamed.
( )b. The nameshorvnon the Trial Informationis not my true name. My true
nameis. I requestthat an cntry be madein the minutesshou'ingm1'truename l have
rvill be had againstme by that name.
beenadvisedand understandfurtherproceedings
is so
thc Trial lnforn,atior.r
and r.vhen
accordingll,
the l'rial InformationI'ill be amended
amended.I rvill be precludedfrom objectingupon the groundsI am improperlynamed'
that I may pleadguilty' not gr"riltyor former
7. I havebeenadvisedand understand
convictionor acquittal.

E-FILED 2014 NOV 06 9:09 AM SAC - CLERK OF DISTRICT COURT

8. For the purposeof this anaignment.I havehad sulficienttime to discussmy case*'ith


my attorne)'.and I *'aivc any further time in rvhich to entera plca.
9. I pleadNOT (;UILTY to the chargesin paragraph5 abovc.
that I havca right underRule 2.33(2)(b)ofthe
10. I havebccnadvisedand undersland
Iott u Ruleso/ Criminul Procedurero a trial within ninely days/oncycar afterthe filing of
and (checkeither"a" or "b"):
the Trial Infbrr.rration

L/{

and(c).
to Rule2.33(2)(b)
I demand
speedytrialpursuant

( ) b. I n'aiveml right to a spcedytrial pursuantto Rulc 2.33(2)(b) and (c).


I l. I requestthat a trial datcbc setpursuantto Rule [l.l of the 1on'rlRulesol'(.'riminal
Procedure.My attorneyand I will be availablefor trial on the following days:Any
Timc.

fendlnt

Original to be filed with Clerk of Court


Copy provided to:
Countl' Attorncl'

ttorne) for

E-FILED 2014 NOV 07 8:38 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
vs.
DENNIS RAY HANSEN ,

Case No: 02811 OWCR012663


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

Defendant.
The defendant having filed a written arraignment in this matter on November 6, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/17/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
1 of 3

E-FILED 2014 NOV 07 8:38 AM SAC - CLERK OF DISTRICT COURT


Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:


County Attorney, Defense Attorney or Defendant

2 of 3

E-FILED 2014 NOV 07 8:38 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-11-07 08:38:36

3 of 3

E-FILED 2014 DEC 19 11:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Case No. OWCR012663

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

DENNIS RAY HANSEN,


Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 17, 2014, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, through
the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to Count 1 of the Trial Information
amended from OWI 3rd to OWI 2nd, pay all applicable costs and the minimum
fine, serve 364 days in the Sac County Jail with all but 30 days suspended, and
be placed on informal probation through the Sac County Probation Office.
Additionally, Defendant intends to submit a written guilty plea by January
7, 2014.

Defendant intends to waive presence at sentencing and the time

between plea and sentencing.

__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org

E-FILED 2014 DEC 22 8:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012663
Plaintiff,
vs.

ORDER

DENNIS RAY HANSEN ,


Defendant.

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 01/07/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2

E-FILED 2014 DEC 22 8:59 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
OTHER ORDER
So Ordered

Electronically signed on 2014-12-22 08:58:53

2 of 2

E-FILED 2014 DEC 23 2:20 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICTCOURTFORSAC COTINTY


NO. OWCR0L2663

THE STATEOF IOWA.


Plaintiff,

wArvER oF RIGHTTO

DENNISRAY HANSEN

Defendant.

)
)

SPEEDYTRIAL

Comesnow the defendant,DennisRay Hansen,and statesas follows:


1. He rcahzesthat he has a right by virtue of the Constitutionof the United Statesto a
speedytnal;
2.He realizeshe has a right to a speedytrial by virtue of Iowa Rule of Criminal
Procedure2.33(2Xb)which states:
"If a defendantindictedfor a public offensehasnot waived his or her
right to a speedytrial, he or shemust be broughtto trial within ninety
days after indictment is found or the court must order the indictment
to be dismissedunlessgood causeto the contrarybe shown."
He is also awareof the fact that this rule is applicableto a County Attorney'sInformation
and that the ninety day period runs from the filing datethereof.
3. He furtherrealizesthat he has a right to a speedytrial underIowa Rule of Criminal
Procedure2.33(2Xb)which states:
"All criminal casesmust be broughtto trial within one yearafter the defendat's
initial arraignmentpursuantto rule 2.8 unlessan extensionis grantedby the court,upon a
showingof good cause."

3. He hasbeenfully advisedof his rights to a speedytrial and the ramificationsthereofby


his attortry,including the fact that the memory of witnessesfade with the passageof
time; that witnessesmay disappearor becomeunavailable;that delay may impair the
of his defense;that the communitymay view him with suspicionduring the
effectiveness
pendencyof the action therebyaffectinghis occupationaland socialendeavors;that he
will haveto endureprolongedanxietyand concernand that he is or can be subjectedto
incarcerationpendingtrial, and taking into accountall of thesefactorsand considerations,
he deemsit to be in his bestinterestto waive his speedytrial rights at this time and he
doesthereforeherebywaive the sameboth as to IRCP 2.33(a)and IRCP 2.33(b)and does
consentthat the trial may be postponeduntil suchdatesas it may be scheduledfor trial by
the court. The defendantreservesthe right to subsequentlywithdraw this waiver upon
written noticethereofto the court and the Stateof Iowa.

E-FILED 2014 DEC 23 2:20 PM SAC - CLERK OF DISTRICT COURT

Signedthiskday

of

Copyto: CountyAttorney

O.4,L

,20J?,

E-FILED 2014 DEC 24 12:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
No. OWCR012663
Plaintiff,
REQUEST FOR LEAVE OF
vs.
COURT TO AMEND TRIAL
INFORMATION
DENNIS RAY HANSEN,
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of:
Count I: OPERATING WHILE INTOXICATED-SECOND OFFENSE, an
Aggravated Misdemeanor in violation of Iowa Code Section 321J.2.
5. A copy of the amended Trial Information is submitted to the court.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and Amended Trial Information.

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
Copy to: Attorney Charles Schulte
PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on December 24, 2014
by:
[ ] U.S. Mail
[ ] Fax
[ ] Hand Delivered
[x] Email
[ ] Certified Mail
[x] EDMS
Signature: /s/Norma Hecht

E-FILED 2014 DEC 24 12:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
CRIMINAL CAUSE NO. OWCR012663
Plaintiff,
AMENDED
vs.
TRIAL INFORMATION
DENNIS RAY HANSEN,
DOB: 11/13/1949
Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and
in the name and by the authority of the State of Iowa, accuses Defendant, Dennis Ray Hansen
of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Dennis Ray Hansen, on or about October 4, 2014 in the County
of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of
the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. while having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. while any amount of a controlled substance is present in the person as measured in the
person's blood or urine, and having been convicted of/received a deferred judgment for the
crime once before; the said Dennis Ray Hansen having been convicted of the crime of
Operating While Intoxicated in Sac County Iowa, Sac County District Court Cause No.
OWCR012090 on September 12, 2012.
A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith


Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

E-FILED 2014 DEC 30 10:14 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


THE STATE OF IOWA

)
) OWCR012663
VS.
)
) MOTION TO CONTINUE
DENNIS RAY HANSEN
)
)
)
)
________________________________________________
COMES NOW Charles A. Schulte, attorney for the defendant and states:

1. The Court has ordered the defendant to submit a written plea by January 7, 2015.
2. The Defendant recently contacted the undersigned and informed him that his
mother had suffered serious health issues and was hospitalized in Texas.
3. The Defendant has gone to Texas to be with her until his sister can arrive.
4. The Defendant was unsure when he could return, but assured no later than the last
week of January.
5. The defendant has waived his speedy trial rights.
WHEREFORE, Defendant requests the Court to continue the plea date in this matter to a
date in early February..

Respectfully submitted,
/S/ Charles A. Schulte AT0007137
Schulte Law Firm L C
421 Main St., PO Box 392, Sac City, IA 50583
Phone (712) 662-4715

E-FILED 2014 DEC 31 12:43 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Case No. OWCR012663
Plaintiff,
vs.
ORDER
DENNIS RAY HANSEN,
Defendant.
NOW, on this 30th day of December, 2014, the Court is in receipt of the States
Request for Leave of Court to Amend Trial Information. The Request should be
granted.
IT IS THEREFORE ORDERED that the States Request is granted. The Trial
Information is amended to provide that Defendant is now charged with Operating While
Intoxicated, Second Offense, an Aggravated Misdemeanor, in violation of Iowa Code
Section 321J.2.

Clerk to furnish copies to:


County Attorney
Defense Counsel

E-FILED 2014 DEC 31 12:43 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
OWCR012663

Case Title
STATE VS DENNIS RAY HANSEN
So Ordered

Electronically signed on 2014-12-31 12:43:07

page 2 of 2

E-FILED 2014 DEC 31 12:59 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012663
Plaintiff,
vs.

ORDER

DENNIS RAY HANSEN ,


Defendant.

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 02/04/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2

E-FILED 2014 DEC 31 12:59 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
OTHER ORDER
So Ordered

Electronically signed on 2014-12-31 12:59:06

2 of 2

E-FILED 2015 JAN 28 12:08 AM SAC - CLERK OF DISTRICT COURT

Date: 1/27/2015
IN THE IOWA DISTRICT COURT FOR WEBSTER COUNTY
State of Iowa
Plaintiff

OWCR012663

No.
vs.

DENNIS RAY HANSEN


Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE


OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:


1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for


expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________


Date___1/27/2015_____________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2015 JAN 28 10:58 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 OWCR012663

vs.
DENNIS RAY HANSEN ,

ORDER

DEFENDANT.

The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before February 9, 2015. If any objection is filed on or
before February 9, 2015, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before February 9, 2015, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
CHARLES A SCHULTE
MEDIA COORDINATOR
DENNIS RAY HANSEN

1 of 2

E-FILED 2015 JAN 28 10:58 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
OTHER ORDER
So Ordered

Electronically signed on 2015-01-28 10:57:41

2 of 2

E-FILED 2015 FEB 04 11:56 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff / Petitioner,
vs.

02811 OWCR012663
ORDER OF CONTINUANCE

DENNIS RAY HANSEN ,


Defendant / Respondent.

Upon application of the Defendant and with the agreement of the State of Iowa:
This matter is continued, Hearing is scheduled on 02/18/2015 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney

1 of 2

E-FILED 2015 FEB 04 11:56 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2015-02-04 11:55:55

2 of 2

E-FILED 2015 FEB 17 4:15 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


THE STATE OF IOWA

)
) OWCR012663
VS.
)
) MOTION TO CONTINUE
DENNIS RAY HANSEN
)
)
)
)
________________________________________________
COMES NOW Charles A. Schulte, attorney for the defendant and states:
1. Plea submission has been scheduled for February 18, 2015 at
9:30 A.M.
2. The Defendant, along with his sister, have been in McAllen
Texas taking care of their ailing mother who until Saturday
past was improving.
3. The Defendant reports that his mother suffered a fall from a
dizzy spell on Saturday and sustained injuries.
4. The Defendant reports his sister had to return to her home in
another state and the defendant now plans on staying in Texas
to care for his mother until his sister returns the first week of
March.
5. The Defendant reports himself to be having health problems
and being in the care of a cardiologist in McAllen. He reports
he is scheduled next week for further testing and possible
hospitalization for observation.
6. The Defendant has waived speedy trial.

WHEREFORE, Defendant requests the Court to continue the plea date in this matter to a
later date convenient to the Court after March 1st.

Respectfully submitted,
/S/ Charles A. Schulte AT0007137
Schulte Law Firm L C
421 Main St., PO Box 392, Sac City, IA 50583

E-FILED 2015 FEB 17 4:15 PM SAC - CLERK OF DISTRICT COURT

Phone (712) 662-4715

E-FILED 2015 FEB 18 9:26 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012663
Plaintiff,
vs.

ORDER

DENNIS RAY HANSEN ,


Defendant.

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 03/04/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2

E-FILED 2015 FEB 18 9:26 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
OTHER ORDER
So Ordered

Electronically signed on 2015-02-18 09:26:06

2 of 2

E-FILED 2015 MAR 18 9:36 AM SAC - CLERK OF DISTRICT COURT

2RCR18

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 OWCR012663
PLAINTIFF,
VS.
DENNIS RAY HANSEN ,

ORDER

DEFENDANT.
The Defendant failed to appear for the guilty plea hearing scheduled for March 4,
2015. A warrant should now issue for the Defendant's arrest to secure appearance for
those proceedings.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:


1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.
Bond on that warrant shall be $1,000.00 cash only.
2. When the Defendant has been arrested and is available for the guilty plea
proceedings, the State shall so notify the Court. The guilty plea hearing will then be
rescheduled.

CLERK TO FURNISH COPIES TO:


BENJAMIN JOHN SMITH
CHARLES A SCHULTE
SAC COUNTY SHERIFF
1 of 2

E-FILED 2015 MAR 18 9:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
ORDER TO ISSUE PUBLIC/BENCH WARRANT
So Ordered

Electronically signed on 2015-03-18 09:36:36

2 of 2

E-FILED 2015 MAR 20 2:38 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATEOF IOWA,
Plaintift

No. OWCR0L2663
GUILTY PLEA _
AGGRAVATEDMISDEMEANORCount l- OWI 2ndOffense

VS.

DENNIS RAY HANSEN,


DOB: llll3ll949,
Defendant.
COUNT I
CO}vIESNOW Defendant in the above action and statesthat I have been chargedwitit

OPERATINGA MOTOR VEHICLE WHILE INTOXICATED - THIRD OR SUBSEQUENT


OFFENSE,a ClassD Felonyin violationof Iowa CodeSection32lJ.2. ln conjunctionwith a
PleaAgreementmadewith the SacCountyAttorneywherebyhe will amendCount I to a charge
of OPERATINGWHILE INTOXICATED- SECONDOFFENSE,an AggravatedMisdemeanor,
in violationof lowa CodeSection32lJ.2.I now requestthat my pleaof not guilty be changedto
a Pleaof Guilty to the amendedchargeof OPERATING WHILE INTOXICATED SECOND
OFFENSE,an AggravatedMisdemeanor,
in violationof Iowa CodeSection32lJ.2.
I herebyrequestthat my pleaof guiltyto the amended
chargebe enteredof record.
In supportof my guilty plea, I statethat I fully understandand havebeenadvisedby my
attorneyof the followingrights:
That I havethe right to proceedwith a pleaof not guilty and compelthe Stateof Iowato prove
jury in a speedyandpublictrial;
my guilt to the unanimous
satisfaction
of a twelve-person
That I havethe right to remainsilent and could not be forcedto testify or incriminatemyself in
any manner;and that if I exercisedmy right to remainsilent;this could not be usedagainstme
andthe Statewould be prohibitedfrom commentingon my silence;
That I ha..'ethe right to be representedb;, an attornel,throughoutthe entire trial, and if I arn
unableto afford an attorney,the Court would appointone to representme at public expense;
That I havethe right to cross-examine
all witnessesagainstme and to presentevidence,if any,
my
on
own behalf;
That I am presumedinnocentuntil the Stateproves,if ever,that I am guilty beyonda reasonable
doubt;and
That I havethe right to subpoenawitnessesto appearand testifyon my behalf.
I have also been advisedthat the above-stated
offenseis an AggravatedMisdemeanorwhich
carriesa maximumpenaltyof imprisonment
not to exceedtwo (2) yearsor a $6,250fine with
surchargesof 35o/oand $10.00 DARE thereonor both; I understandthere is a seven(7) day
minimumjail sentence;I further understandthat the minimum fine is $1,875plus surcharges
of

E-FILED 2015 MAR 20 2:38 PM SAC - CLERK OF DISTRICT COURT

35o/oand $10.00;and that I may be requiredto make restitutionof pecuniarydamagesto any


attorneyfees,if any, and pay the court costs. I may
victim of this crime and of court-appointed
be requiredto attend substanceabusetreatmentor educationclasses.In addition, I may be
requiredto pay correctionalfeesfor incarcerationand enrollmentfeesfor supervisedprobation.
revocations
I havebeeninformedthat theremay be effectsto my licenseincludingsuspension,
and barmentsbecauseof this plea. I havelikewisebeeninformedthat other sentencingoptions
may be availableto the Court, including but not limited to the deferral of Judgmentand
of sentenceimposed.
the grantofprobationand the suspension
Sentence,
I now stateto the Court that I am, in fact GUILTY and that no threatsor promiseshavebeen
madeto induceme to enter my plea of guilty. I have been informed that the elementsof the
crime are: that I operateda motor vehicle(l) while under the influenceof an alcoholic
or (2) while having an alcohol
beverageor other drug or a combinationof suchsubstances;
(3)
while any amount of a controlledsubstanceis present
concentrationof .08 or more; or
in my personas measuredin my bloodorurine. And that I havea priorconvictionof the
the natureof the chargeagainstme.
crime, Operating While Intoxicated. I understand
This offensewas committedby me in SacCountyIowa by my doing the following: I did on
or about October 4. 2014unlawfullv operatea motor vehiclewhile under the influence
of alcohol and was intoxicatedat the time when I was drivins and did have a blood
alcohol concentration of .121(BAC). and I was convicted of Operatine While
Intoxicatedin Sac County lowa in Sac County District Court. case#OWCR012090on
6. 2012.
September
Thereis a factualbasisfor my pleaof guilty andthereis no reasonwhy I shouldnot pleadguilty.
I herebystatethat I submitthis writtenpleaof guilty with full knowledgeand waiverof
my rightsandI do so fieely and voluntarily. No threatshavebeenmadeagainstme to obtainthis
guilty plea. No promisesof leniencyor favorabletreatmenthavebeenmade,exceptfor any plea
disclosedto the Court at the time this Guilty Pleais offeredfor approvalin Court.
agreement
I havebeenadvisedof my rightsas set forth in CountI of this plea.
The plea agreementis: I will pleadguilty to the amendedchargeof OperatingWhile
IntoxicatedSecondOffense. The recommendedsentencewill be 364 days in the Sac
with creditfortime served.I will serve
CountvJail.with all but seven (7Xayl*suspended.
theseven ( 7)daysin the SacCountyJail within six (,6)monthsof the Judgmententrydate.
I understand
that I will be allowedto servethe jail sentencein 48 hour increments.Also. I
will be eligible for the SacCount)'Jail Work ReleaseProgramunderthe rulesand guidelines
set by the Sac CountlrSheriff. I will be placedon Probationto the Sac County Probation
Officerfor a periodof one),earfrom the Judgmententrydate. I will pay a fine of $1.875.00.
court costs.and
plusa 35% surcharge
in the amountof $656.25.a $10.00DARE surcharge.
courtappointedattorneyfees:to be paid as setout in the SacCountyProbationAgreement.I
of the SubstanceAbuse
will be Ordered to follow and completethe recommendations
I will complete
Evaluation.which I obtainedon October20. 2014 from New Opportunities.
has
not
alreadybeen
my
license
to
drive
the 12 hour Driving Course. I understandthat if
revoked.for this offense.the lowa Departmentof Transportationwill revoke my driver's
licensepursuantto Iowa CodeChapter32lJ for the statutoryperiod.

E-FILED 2015 MAR 20 2:38 PM SAC - CLERK OF DISTRICT COURT

In admittingguilt, I understandthat any plea-bargainagreementswith the prosecutorare not


bindingon the Court.
I have been advisedthat I have the right to have a future date set for pronouncing
judgment and sentence,which cannot be less than fifteen (15) days after the guilty plea is
entered,unlessI consentto a shortertime. I understandthat anychallengeto the guilty plea or
allegeddefectsin the pleaproceedingsmustbe raisedby a Motion in Arrest of Judgmentfiled no
laterthan forty-five (45) daysafter the datemy pleasis acceptedbut not lessthan five (5) days
before the date set for pronouncingjudgment, and that failure to raise such challengeshall
precludethe right to assertthem in this Court or on appealto anotherCourt. I understand
that by
proceedingdirectly to sentencingI waive any right I may have to file a Motion in Arrest Of
Judgment. This meansI will be forever precludedfrom challengingthe guilty plea or any
defectsin the pleaproceedings.
Basedon the foregoing,I herebywaive all my legaland trial rights. I requestthat my
guilty pleabe acceptedand enteredon record.
I requestsentencingandjudgmentbe pronoungednow.

t, DennisRay

forney,Char

STATEOFIOWA
SACCOUNTY
On this,LCt day of
201;! beforemy the undersigned,
a Notary Public in and for
saidState,personallyappeared
to me known to be the identicalperson-named
if and *ho
foregoinginstrument,and acknowledgcd
"*dcut
he executed
rhc sameofhis voluntaryactanddceci.

Notary Publicin and for

A"SCHULTE
s'sl.q" CHARLES
f Gl

? @mmissionNumber124274
'' ttly Commisslon
Expi
December
9,20_L

E-FILED 2015 MAR 20 2:52 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

Case No: 02811 OWCR012663

vs.

ORDER CANCELING WARRANT

DENNIS RAY HANSEN ,


Defendant.

Upon application of the Court.


IT IS ORDERED that the order for warrant of arrest issued by this Court on March 18, 2015, and
the resulting warrant issued by the Clerk are canceled and shall be returned to the Clerk of Court.
Any costs are assessed against the defendant.

Clerk to provide copies to:


County Attorney
Counsel for the defendant/Defendant
SAC County Sheriff (Dispatch)

1 of 2

E-FILED 2015 MAR 20 2:52 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
OWCR012663
Type:

Case Title
STATE VS DENNIS RAY HANSEN
OTHER ORDER
So Ordered

Electronically signed on 2015-03-20 14:52:05

2 of 2

E-FILED 2015 MAR 23 8:27 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 23 11:59 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

OWCR12663
Plaintiff,
RECORD OF PLEA OF GUILTY AND
SENTENCING ORDER

v.
DENNIS RAY HANSEN,
Defendant.

CHARGE:

Operating While Intoxicated, Second Offense, an aggravated


misdemeanor, as amended, in violation of Iowa Code 321J.2

Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, Second Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,875.00;
(2)
a 35% surcharge of $656.25;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and

E-FILED 2015 MAR 23 11:59 AM SAC - CLERK OF DISTRICT COURT

(5)

the court costs of this action, including court-appointed


attorney fees as certified by Mr. Schulte. The Court finds
through information provided by the parties, the Defendant
is reasonably able to pay this expense.

Defendant shall pay these financial obligations to the Clerk of Court


of this county or online at www.iowacourts.gov. Defendant shall
make payments according to a plan of payment to be developed by
his probation officer.
b.

Defendant shall serve 364 days in the county jail, with all but seven
(7) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by September 23,
2015.
The 7-day jail sentence may be served in 48-hour
installments to accommodate Defendant's work schedule.
Defendant may participate in the work release program facilitated
by the Sheriff. If Defendant does not serve the jail sentence by that
date, in addition to Defendant being subject to contempt of court
or probation revocation proceedings, upon written request from the
Sheriff, the Clerk of Court shall issue a warrant for mittimus of the
unsuspended portion of the sentence and such warrant shall issue
without further court order. In that event, Defendants sentence
shall be served continuously and not in 48-hour installments.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;

c.

As a condition of a portion of Defendants sentence being


suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions the Probation
Supervisor deems appropriate. In addition to any terms the

E-FILED 2015 MAR 23 11:59 AM SAC - CLERK OF DISTRICT COURT

Probation Supervisor imposes, the Court specifically imposes all of


the following terms of probation:
(1)

Defendant shall make in-person contact with the Probation


Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;

(2)

Defendant shall obey all laws;

(3)

Defendant is prohibited from consuming or possessing


alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location; and

(4)

Defendant shall comply with all terms of this Order,


including paying all financial obligations and completing all
required tasks in a timely manner;

d.

Defendant has obtained a substance abuse evaluation. Defendant


shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and

e.

Defendant shall enroll in and complete the Drinking Driver's School


sponsored by the community college system. On or before the 60th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.

3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in

E-FILED 2015 MAR 23 11:59 AM SAC - CLERK OF DISTRICT COURT

Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $5,000.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.

Clerk Shall Furnish Copies To:


County Attorney
Defense Counsel
County Sheriff
Iowa Department of Transportation

E-FILED 2015 MAR 23 11:59 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
OWCR012663

Case Title
STATE VS DENNIS RAY HANSEN
So Ordered

Electronically signed on 2015-03-23 11:59:54

page 5 of 5

E-FILED 2015 MAR 24 3:21 PM SAC - CLERK OF DISTRICT COURT

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